Thai spouse tourist visa to US denied.

[rickbechard@gmail 5]

1 minute ago, SusieQQQ said:

I understand you’re upset, but you’re missing the point. Spouse of a US citizen can apply to adjust status immediately on arrival. “Applying to immigrate” takes 12-18 months to get an immigrant visa. It’s nothing to do with illegal immigration, it’s about misrepresented intent to jump the line, with no consequences for spouses of USCs to do so. US law requires that there is a presumption of immigrant intent that the applicant has to overcome to be granted a visa, and it is harder, not easier, for spouses of citizens to clear this bar for reasons mentioned above. 

My friend from many years ago was retired here for 5 years. Just went back in March with his wife on the spouse visa. It took him 155 days from I130 submission to visa. He said he made a few mistake which added a month and his wife had to have a second Leukemia test one month after her first medical check to verify she didn't have it. That was when you had to print everything out and go to Bangkok to submit it all at the state department office, which sent it off to the states. That office is now closed. It is all done by upload now, application, evidence of marriage, birth certificates, passport photos, divorce certificates if any, etc, etc. The instructions even say you can use your phone to take a photo of the documents. Originals will be requested if required. Suspect that will streamline it a bit and make it somewhat quicker.

[rickbechard@gmail 5]

12 minutes ago, SusieQQQ said:

I understand you’re upset, but you’re missing the point. Spouse of a US citizen can apply to adjust status immediately on arrival. “Applying to immigrate” via i130 takes 12-18 months to get an immigrant visa. It’s nothing to do with illegal immigration, it’s about misrepresented intent to jump the line, with no consequences for spouses of USCs to do so. US law requires that there is a presumption of immigrant intent that the applicant has to overcome to be granted a visit visa, and it is harder, not easier, for spouses of citizens to clear this bar for reasons mentioned above. 
 

 

Actually, there used to be 30/60/90 rule. If you applied within 30 days to modify, it was assumed you entered on false pretense and would be denied. After 60 days it was considered suspect and may be granted depending on information supplied to justify the change. After 90 days it was assume there was a change of circumstances and it would likely be approved.

 

Now it is just 90 days. 

[Just Paul 4,595]

13 minutes ago, rickbechard@gmail said:

ust went back in March with his wife on the spouse visa. It took him 155 days from I130 submission to visa. He said he made a few mistake which added a month and his wife had to have a second Leukemia test one month after her first medical check to verify she didn't have it. That was when you had to print everything out and go to Bangkok to submit it all at the state department office, which sent it off to the states. That office is now closed. 

There used to be a USCIS International Field Office there and you could file directly.  Unfortunately all I-130s are now processed stateside.  We did ours in Mexico and got the visa approved in 103 days. Times have changed and options limited.

[rickbechard@gmail 5]

11 minutes ago, rickbechard@gmail said:

My friend from many years ago was retired here for 5 years. Just went back in March with his wife on the spouse visa. It took him 155 days from I130 submission to visa. He said he made a few mistake which added a month and his wife had to have a second Leukemia test one month after her first medical check to verify she didn't have it. That was when you had to print everything out and go to Bangkok to submit it all at the state department office, which sent it off to the states. That office is now closed. It is all done by upload now, application, evidence of marriage, birth certificates, passport photos, divorce certificates if any, etc, etc. The instructions even say you can use your phone to take a photo of the documents. Originals will be requested if required. Suspect that will streamline it a bit and make it somewhat quicker.

As for being upset, I now have to go make an apology to the Thai immigration officer I berated a few months back. I sent the required 65,000 baht per month to maintain the retirement visa I held from my arrival. The bank only recorded 64,800 since they took 200 as a fee without recording it. Hence by immigration law I did not qualify to renew the retirement visa. I was as you say upset and told the officer, western countries didn't treat Thais like this. Seems I was wrong. The officer told my wife to calm me down. Then she helped me submit a marriage visa. It requires less monthly incoming. Done and dusted in the same day.

[rickbechard@gmail 5]

1 minute ago, Paul & Mary said:

There used to be a USCIS International Field Office there and you could file directly.  Unfortunately all I-130s are now processed stateside.  We did ours in Mexico and got the visa approved in 103 days. Times have changed and options limited.

As I said, it is all done by upload now. Straight to the US office. 

[SusieQQQ 11,586]

22 minutes ago, rickbechard@gmail said:

Actually, there used to be 30/60/90 rule. If you applied within 30 days to modify, it was assumed you entered on false pretense and would be denied. After 60 days it was considered suspect and may be granted depending on information supplied to justify the change. After 90 days it was assume there was a change of circumstances and it would likely be approved.

 

Now it is just 90 days. 

Is not an actual rule and has never been  applied to spouse of USC, “actually”. 
 

 

6 minutes ago, rickbechard@gmail said:

As I said, it is all done by upload now. Straight to the US office. 

Yes. Go check USCIS processing times for i130 then add on a few months for a visa interview to be organized. Or go browse the IR1 forum here and see real life recent examples. Like I said, a year or more, depending on embassy. 
 

Anyway I am disengaging here, you clearly want to rant rather than to understand the actual thought process. 
 

 

 

Edited November 11, 2020 by SusieQQQ

[rickbechard@gmail 5]

Just now, SusieQQQ said:

Is not an actual rule and has never been  applied to spouse of USC, “actually”. 
 

 

Yes. Go check USCIS processing times for i130 then add on a few months for a visa interview to be organized. Or go browse the IR1 forum here and see real life recent examples. 
 

Anyway I am disengaging here, you clearly want to rant rather than to understand the actual thought process. 
 

 

Ehh disengage if you want. My friend's case is listed here. It says 155 days. 

[SusieQQQ 11,586]

Average i130 IR processing time this year 10.2 months. That is filing to approval. Then add a few months for nvc and embassy scheduling. https://egov.uscis.gov/processing-times/historic-pt

 

14 minutes ago, rickbechard@gmail said:

As for being upset, I now have to go make an apology to the Thai immigration officer I berated a few months back

Ah, pattern. Bye. 

[Just Paul 4,595]

1 minute ago, rickbechard@gmail said:

My friend's case is listed here. It says 155 days. 

Good luck.  Maybe you can expedite.   Case processing time from 5 years ago or even 2 years ago mean nothing today.  And you friend did a DCF which no longer exists,

 

Hopefully you will get a quick service center and you file a complete application.  And hopefully you don't get tripped up on domicile at the NVC or consulate.

[gregcrs2 1,778]

"She told them her husband said he would like to stay 3 months as he had not seen his mother in 17 years."

 

Well, you have American citizenship, so you can still go visit your mother at any time.  

[rickbechard@gmail 5]

10 minutes ago, Paul & Mary said:

Good luck.  Maybe you can expedite.   Case processing time from 5 years ago or even 2 years ago mean nothing today.  And you friend did a DCF which no longer exists,

 

Hopefully you will get a quick service center and you file a complete application.  And hopefully you don't get tripped up on domicile at the NVC or consulate.

Thanks. I don't expect any sort of expedite. I really had planned the visit on the visitor visa for the spring. I don't care to be stuck in a NW winter. But my mother was found unconscious in her apartment a couple months back. Fell and hit her head. Pelvic fracture. That sort of pushed the visit up a bit. As mentioned, I have not seen her since 2003. So time to go home for a visit. As the visitor visa seems out of the question, I am considering the immigrant route and stay. Three grandkids I haven't met. So there is incentive there. 

Not sure what you mean by "tripped up on domicile" but assume you mean not having a residence there. My friend didn't either as he had been here 5 years and liquidated when he left the US.  Logically if you are resettling in the US you will need to stay with relatives or other, while you find your own place. 

Now "some" people will say I rant. I say, successfully immigrating doesn't make you an expert.   

 

[rickbechard@gmail 5]

5 minutes ago, gregcrs2 said:

"She told them her husband said he would like to stay 3 months as he had not seen his mother in 17 years."

 

Well, you have American citizenship, so you can still go visit your mother at any time.  

Of course. The point of my original post, which strayed off track is that a citizen expects a level of benefit of the doubt when travelling with their spouse. If we had not been married 3 years and she had already lived outside Thailand and returned, I could understand a level of suspicion. I may "rant" but I am reasonable about it.   555  That is Thai for ha ha ha 

[African Zealot 1,455]

Applying for B visas from developing countries is akin to playing the lottery. There is no rhyme or reason to the madness although some here will claim otherwise. I applied for and was approved about 8 nonimmigrant visas in my time (before taking steps and becoming a citizen) and denied twice over a period when my life circumstances didn’t change. 

 

Don’t try to make sense of it. Someone with her exact same profile could apply the very same day by the very same officer and get approved. It is what it is!

[JFH 12,190]

5 hours ago, rickbechard@gmail said:

As for security questions, not a single one of those is in the I130 form. So, does that mean you can be any of those and slip on through? 

 

The I-130 is just the petition and is about the US citizen and the legal connection to the intending immigrant in order to determine whether there is a visa option for the intending immigrant. The security questions come later in the process on the DS-260, which is the actual visa application. 

[rickbechard@gmail 5]

25 minutes ago, Ray.Bonaquist said:

Applying for B visas from developing countries is akin to playing the lottery. There is no rhyme or reason to the madness although some here will claim otherwise. I applied for and was approved about 8 nonimmigrant visas in my time (before taking steps and becoming a citizen) and denied twice over a period when my life circumstances didn’t change. 

 

Don’t try to make sense of it. Someone with her exact same profile could apply the very same day by the very same officer and get approved. It is what it is!

Yes, I am sure there are inconsistencies in the process of decision making. Rather not something to be left to the vagaries of individual biases or just a bad day. To be offered no explanation, just a paper that says you "failed to demonstrate compelling reasons to return" is vague in the excess. Especially when it also says "you can reapply at any time. But it is not recommended to do so unless your circumstances change". Not indicating what circumstances need to change is fundamentally wrong. How is the person to know if their circumstances changed, if they don't know why they were denied? 

I had to chuckle as we drove past the embassy wall, and read the painted images on the wall with the inscription about Thai/US Friendship.

 

Hope that isn't "ranting".